WATER ACT 2007 - SECT 23B Adopting proposed adjustments as amendments of Basin Plan

WATER ACT 2007 - SECT 23B

  (1)   This section applies if the Authority proposes one or more adjustments of the long - term average sustainable diversion limits for the water resources of particular water resource plan areas (or particular parts of those water resources) under paragraph   23A(1)(a).

  (2)   For each water resource plan area (or each part) for which an adjustment is proposed, the Authority must include the following information in a notice:

  (a)   the long - term average sustainable diversion limit, for the water resources of the plan area (or the particular part of those water resources), that applied at the reference time;

  (b)   the proposed plan area limit;

  (c)   the amount of the difference between the limits referred to in paragraphs   (a) and (b) of this subsection, expressed as a percentage of the amount of the limit referred to in paragraph   (a);

  (d)   if, on one or more occasions since the reference time, adjustments of the long - term average sustainable diversion limit for the water resources of that plan area (or the particular part of those water resources) have been adopted as amendments by the Minister under subsection   (6)--the limit as so adjusted;

  (e)   an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph   23A(2)(a) had been met in relation to the adjustment and the amount of the adjustment.

  (3)   A notice made under subsection   (2) must also include:

  (a)   the proposed Basin limit that is proposed as a result of the proposed adjustments referred to in subsection   (1); and

  (b)   the total Basin adjustment percentage; and

  (c)   an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph   23A(2)(a) had been met in relation to the adjustment, and the amount of the adjustment, of the long - term average sustainable diversion limit for the Basin water resources.

  (4)   The Authority must also prepare an amendment of the Basin Plan that sets out each proposed plan area limit, and the proposed Basin limit, that is included in the notice.

Note:   The amendment is a legislative instrument (see section   33).

  (5)   The Authority must:

  (a)   give the notice made under subsection   (2) to the Minister; and

  (b)   give the amendment of the Basin Plan prepared under subsection   (4) to the Minister for adoption.

  (6)   As soon as practicable after receiving the amendment, the Minister must:

  (a)   consider the amendment; and

  (b)   either:

  (i)   adopt, in writing, the amendment; or

  (ii)   give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.

Note:   If a long - term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources) is amended, the long - term annual diversion limit for those water resources is also amended (see table item   7 of the table in subsection   22(1)).

  (7)   The notice made under subsection   (2):

  (a)   must accompany the amendment when the amendment is laid before a House of the Parliament under section   38 of the Legislation Act 2003 ; and

  (b)   is not a legislative instrument.

  (8)   If the long - term average sustainable diversion limit for an SDL resource unit is amended by a provision of Schedule   2 to the Water Amendment (Restoring Our Rivers) Act 2023 the amendment is taken, for the purposes of this Act and the Basin Plan, to be as a result of an amendment under this section.